The Washington critic., 1887-03-01
THE MECHANICS, LIEN
A Double -Back-Action Law and til
Way It Works,


EDITOR Critic: The Mechanics Lien law
dealer whose work or material are not paid
for by the contractor that builds the house
to sell the building and out Of the proceed,
10 pay himself. or course, the owner Of
the property, II he wants TO keep his house,
must pay the dealer for the material for
which he has already paid the contractor.
It is not the policy Of the dealer to Inform
the owner that the bricks or lumber 10 his
house arc not paid for until the contractor
has received his full pay. II the property
owner was informed 10 season he could pro-
tect himself. The amendment TO the Lien
law which Congress was asked last session
and this session to pass was simply that the
dealer should send a duplicate bill to the
property. owner when he sold to the con.
tractor on credit. This amendment was
simply In the interest OF common honesty.
But dealers here boasted that Congress
would not pass II, and go far they seem to
know Congress better than some others.
~ cannot touch the Lien law" said a
member from Maryland. ~ was the one
who got IL passed, and II would not do for
me 20 get II amended; you must 60 to some
one else." Said another: my sympathies
are altogether with the laboriug class. /
would not touch the Lien law unless to
make Il more stringent, and yet lost S2,-
GOO by II when built my house."
"How came you to lose 90 much ~
"Oh, did not know the law then"
Now, II member Of Congress DID not
know the law, and lost s., 900 by 1t, there Is
no difficulty In seeing that many men and
women will lose large sums by being com
PEELED to pay twice for the same thing be-
fore this little trick between contractors and
dealers is found out Once found out the
trick will not work, for the man who owns
the house will demand to see that all bills
for work and material are paid for before he
pays the contractor.
But NO one desires the Lien law to be
changed In the matter Of securing to me-
chanics the pay for their labor. The labor
every Saturday night, and they cannot work
for Q boss who does not so pay them, under
penalty Of being turned out Of the union.
30 no property owner will be obliged to pay
twice for bis labor, as he may for his ma
terial.
Not only may he pay twice for his ma
terial, but combination between the con-
tractor and dealer may compel him to sub
init 10 any extortlon the contractor chooses
two good houses built, for which he paid
according to contract. Then the contractor
presented an extortionate bill for extras,
which my neighbor refused to pay. The
dealer then appeared and told him the
material In his houses was not paid for, and
| he had lien on them, which he would not
take of till this bill was paid. OF course,
rather than have his houses sold under the
Lien law, my neighbor paid the bill.
1t is well known that the property-owner
cannot recover damages from any contractor
whose delinquency has compelled him TO pay
| twice for material, unless said contractor
| owns In his own right real estate In the Dis
trict. II the contractor owns such estate he
would probably not attempt to swindle.
| Contractors who are worthless In every
sense dealers are entirely willing to trust
| with any amount Of material at any price
knowing that they are sure to be paid
through the beautiful Lien law, which Con
| gressmen shave no time" to amend durina
| two sessions, and which, as IL stands, is .
direct invitation To fraud, and would be 4
disgrace to our city, II our city had made
the law. Our Commissioners say they
want the Lien law amended. Mr. Barbour
| and Mr.. Ingalls, chairman Of the District
Committee, say they think II should be, bul
| the very term, "Mechanics' Lien Law
seems to be spell whereby Congressmer
may be copjured In most unfortunate way
for the interests Of this District.
H. @. INoERsoLL.
Washington. March 1.